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The Ontario Highway Traffic Act applies to the provisional use of commercial and non-commercial motor vehicles on the Roads and Highways of Ontario, Canada, such as cars, trucks, motorcycles, off-road vehicles, farm equipment, construction equipment, buses, motor home vehicles, and non-motorized bikes.

Please help us. Today, my 17 yr old son was pulled over for driving 138 in 80 zone. He was told to turn off the engine and put the keys on the dash and exit the vehicle. He did so without saying a word because he was very scared -two cruisers pulled him over. The officer told him he was driving 138 in an 80 zone. He then turned my son by his shoulder and pushed his head against the window of his car, handcuffed him and told him he was under arrest. He did not tell him why he was being arrested, just took him to his cruiser, shoved him in the backseat and told him to sit. He then said a bunch of stuff that my son couldn't understand (because he was frightened) and then told him to not say anything and that if he answered yes to anything he would have to spend the next 24 hrs in jail. So my son sat silent (in tears) while the officers searched the car. They came back with the insurance and ownership, confirmed with him the car is in my name. Asked for his licence, but his wallet was stolen out of his car Friday night while in our driveway. He had only his temporary paper version to show from when he got his G2 in March.

He then said the car was being impounded for 7 days, and licence suspended for 7 days. He was charged with speeding 58 over and also charged with stunt driving with a court date of June 27.

The incident:
My son said he was in the right lane with a right hand turn approaching within a km or so. There was a line of slow moving cars in front of him and he decided to pass them in the passing lane ahead of his upcoming turn. As he approached the lead car, the driver sped up to not alllow him to pass. The car behind was too close for him to change back into the right lane safely so he opted to increase his speed and pass the lead car, which he did. As he approached his upcoming turn, he noticed police lights coming up behind him. He pulled over (not even thinking it was for him). The cruisers flew in behind and in front of his car on the shoulder.

He figures now that the reason for the slow moving cars was because they had seen the police on the side of the road.

He is very remorseful for not having enough patience to stay behind the slower vehicles until his turn.

He has never so much as had a parking ticket before.
He has only had his G2 for two months
He is a good kid with a part time job (8 hrs/wk)
He has spent every last dollar he's earned to pay for his insurance ($338/month and that's with the driver's ed discount) and for the major repairs on this car that he saved for and bought himself.

Can anyone explain the process to me, what to expect, what we do? The officer told him the reason he arrested him was in case he decided to run? They were surrounded by farm fields.
Is it likely that he will have to serve jail time? He is just a kid who made a stupid mistake, but certainly without malicious intent.
What happens in court? Do we have to hire a lawyer? We absolutely do not have the means to afford one. As it is, none of us have the financial means to pay a fine. I don't even know how we will pay to have the car released. I've read that can be up to $1000.
He is very scared. We are very scared.
As it happens, he has an exam to write on his court date.
Also, we have a family camping trip planned in August and were going to get passports so we can drive through the US around Lake Superior on our way home. Will this impact the ability to travel to the US? To even get a passport?

I know this was very long, but I wanted to add all details. I very much appreciate your help and any advice you can give.

Your son wasn't arrested for stunt driving. For whatever reason, they felt the need to search the car. It sounds like for the officers safety and his own, they temporarily put him in the back of the cruiser and let him out as soon as they were done. No, it wont impact your border travels.

Your son is not going to jail. Although, there is no set fine. There's a minimum and a maximum fine. He wont see any jail time for a first offense. They'll likely give him the minimum. Doesn't sound like he is some sort of serial offender.

Since there is no set fine, you've received a summons. Your first appearance in court is just that, an appearance. It wont be a trial.

The fact he has a clean record after 2 months of driving isn't going to be seen as an accomplishment. It's a negative, not a positive.

Best case scenario, they offer to lower the charge to 49 over. Another scenario, your son takes his lumps and they hand him the bare minimum fine. Either that or you can go through with a trial. Considering you don't have anyone representing, probably not a great idea.

Your son is a g2 driver and even considering a 49 over conviction he'd still be suspended for 30 days. So you might want to make arrangements for that.

This is going to a very very expensive 'mistake' for him. Yes, the tow and storage fees are going to be in the region of $1000, then the fine and finally he will be lucky to find insurance and if he does it is going to be astronomical.

But he is not going to jail. There is no need to be scared but I don't think he's going to be driving for quite a while whether suspended or not.

If the police case is solid then you should be looking for a minimising deal - 49 over is going to be bad but far better than a stunt charge.

Former Ontario Police Officer. Advice will become less relevant as the time goes by !

Your sons explanation of the situation will not help him in my opinion. If the lead car sped up as well then there should of been room to drop back in behind that car. Most likely these cars were probably all going at least 80 or faster in the first place, so passing was a bad idea.

The court date on June 27 is a SUMMONS date and not his trial, therefore you can save some money as you do NOT need to hire a lawyer or paralegal for this date. At this date he can (i) plead guilty to all the charges (not recommended), or (ii) if offered a plea deal, can plead guilty to the plea deal, or (iii) say he plans on pleading not guilty and would like dislcosure and a trial date set.

Now it is important to note that if found guilty of speeding 50+ and/or stunt driving, this is the same as having a DUI on your record for insurance purposes, and rates will skyrocket. If you want to fight these charges you will need to hire a lawyer as they are very serious charges.

So my opinion is that IF the prosecutor offers your son a plea deal of speeding 49 over, that he should take it. Yes it is a speeding charge on his record and yes it is 4 demerits (so I think 30 day suspension for G1/G2), however it is far less serious in the long run for insurance purposes. Note that the prosecutor does not have to offer any plea deals, but at the SUMMONS date, your son could always ask for a speeding 49 over anyways at this date. Worst case is prosecutor says no.

So really your options are to hire a good (expensive) lawyer to fight the charges, or accept a plea deal to 49 over speeding. If no plea deal is offered, then you better get a lawyer.

bend wrote:Your son wasn't arrested for stunt driving. For whatever reason, they felt the need to search the car. It sounds like for the officers safety and his own, they temporarily put him in the back of the cruiser and let him out as soon as they were done. No, it wont impact your border travels.

Your son is not going to jail. Although, there is no set fine. There's a minimum and a maximum fine. He wont see any jail time for a first offense. They'll likely give him the minimum. Doesn't sound like he is some sort of serial offender.

Since there is no set fine, you've received a summons. Your first appearance in court is just that, an appearance. It wont be a trial.

The fact he has a clean record after 2 months of driving isn't going to be seen as an accomplishment. It's a negative, not a positive.

Best case scenario, they offer to lower the charge to 49 over. Another scenario, your son takes his lumps and they hand him the bare minimum fine. Either that or you can go through with a trial. Considering you don't have anyone representing, probably not a great idea.

Your son is a g2 driver and even considering a 49 over conviction he'd still be suspended for 30 days. So you might want to make arrangements for that.

Although its not common practice, some officers DO exercise their power of arrest for stunt driving , as well as suspended driving, so this may have been the case. Usually an inventory search is required for the tow forms.